New York City Adult-Use Zoning Held Unconstitutional
October 02, 2015
Litigation over New York City's adult use zoning regulations has been ongoing since the city's first effort ' in 1995 ' to use its zoning power to restrict adult uses. In the latest chapter in the long-running saga, the First Department, has declared unconstitutional the city's most recent amendments of its adult-use regulations.
Keys for Successfully Mediating Franchise Disputes
October 02, 2015
Many franchise agreements now require the franchisor and franchisee to meet face-to-face, with an independent mediator, before any adversary proceeding is initiated between them. Even without such a provision, many practitioners advocate mediation as a means of settling franchisor-franchisee disputes.
NLRB Changes Rules for Determining Joint Employers
October 02, 2015
The long-awaited decision of the National Labor Relations Board (NLRB) in <i>Browning-Ferris Industries of California</i> set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.
Restaurant Chain Accuses CT BBQ Restaurant of Trademark Violation
October 02, 2015
A Bridgeport, CT, restaurant's use of a logo with the letters BBQ against a flame backdrop has an out-of-state restaurant chain fired up.
Ninth Circuit Insulates Corporate Insider from Preference Liability
October 02, 2015
"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. Here's an in-depth analysis of the ruling.
In the Courts
October 02, 2015
Analysis of a case in the Seventh Circuit in which a wire fraud and bribery conviction was upheld for a County Director In Illinois. Also, a look at a case out of the Second Circuit involving whistleblowing.
2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices
October 02, 2015
The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.
Forum Selection Clause Held Waiver of Removal Right
October 02, 2015
A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?
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